Page:North Dakota Reports (vol. 3).pdf/263

N. E. Rep. 623; Cromwell v. County of Sac., 94 U.S. 351; Nesbit v. Independent Dist., 144 U.S. 610, 12 Sup. Ct. Rep. 746; Bell v. Merrifield, 109 N.Y. 202, 16 N. E. Rep. 55. The least uncertainty as to what was in fact determined in the suit before the justice of the peace is fatal to the use of the judgment as an estoppel on the question of breach of warranty and rescission. This uncertainty created by the record of the proceedings before the justice is not in any manner cleared up by allegations in the answer that the question was in fact determined by the justice against the defendant therein, the plaintiff in the case at bar. "According to Coke, an estoppel must be certain to every intent; and if upon the face of a record anything is left to conjecture as to what was necessarily involved and decided, there is no estoppel in it-when pleaded, and nothing conclusive in it when offered as evidence. It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty upon this head on this record,—as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed without indicating which of them was thus litigated, and upon which the judgment was rendered,—the whole subject matter of the action will be at large, and open to a new contention, unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined.” Russell v. Place, 94 U. S. 606. To same effect are Bell v. Merrifield, 109 N.Y. 202, 16 N. E, Rep. 55; Stowell v. Chamberlain, 60 N. Y. 272; Stone v. Stamping Co., (Mass.) 29 N. E. Rep. 623; Cook v. Burnley, 45 Tex. 97; McDowell v. Langdon, 3 Gray, 513; Downer v. Shaw, 22 N. H. 277, Chrisman v. Harman, 29 Grat. 494; Lea v. Lea, 99 Mass. 493. If everythingalleged in this part of the answer had been established on the trial, it would have been impossible to